20% Pre-Deposit Not Mandatory For Stay Of Demand, AO Must Exercise Discretion U/S 220(6) Income Tax Act: Delhi High Court

The Delhi High Court has reiterated that deposit of 20% of the disputed tax demand is not mandatory for grant of stay, and that the Assessing Officer (AO) must independently exercise discretion under Section 220(6) of the Income Tax Act, 1961.A division bench of Justices V. Kameswar Rao and Vinod Kumar relied on National Association of Software and Services Companies (NASSCOM) v....

No Construction Or Residence Permissible On Yamuna Floodplains, Even Under Pretext Of Graveyard: Delhi High Court

The Delhi High Court has held that no construction or residential occupation is permissible on the Yamuna floodplains, even if such occupation is sought to be justified under the pretext of a graveyard or religious use.A Division Bench of Justices Prathiba M. Singh and Manmeet Pritam Singh Arora observed, “in the flood plains, people cannot be allowed to make their houses, tenements, sheds, etc., under the pretext of graveyard or for any other purpose.”The observation was made in a petition...

Sole Arbitrator Returning Finding Based On Presumption, Modifying Agreement Vitiates Award: Allahabad High Court

The Allahabad High Court has held that finding returned by a Sole Arbitrator based on presumption and which has the effect of modifying the agreement, vitiates the arbitral award.The bench of Chief Justice Arun Bhansali and Justice Jaspreet Singh held “The Sole Arbitrator by returning a finding which is not based on any evidence and material on record and merely is based on presumption...

Pendency Of Conciliation Proceedings Under MSME Act Does Not Bar Interim Relief U/S 9 Of A&C Act To Preserve Subject Matter: Calcutta HC

The Calcutta High Court has held that pendency of conciliation proceedings does not bar the grant of limited interim relief under section 9 of the Arbitration and Conciliation Act, 1996 ("Arbitration Act"), where such relief is essential to preserve the subject matter of the dispute. Justice Gaurang Kanth held while allowing a Section 9 application filed by Rishi Chemical Works...

GST | Failure To Prove Dispatch Of Hearing Notice Doesn't Automatically Mean No Personal Hearing Was Given: Delhi High Court

The Delhi High Court has held that merely because the tax department is unable to place on record proof of dispatch of a personal hearing notice such as entries in a dispatch register, speed post receipts, or email records— it does not automatically follow that no opportunity of personal hearing was granted.A division bench of Justices Prathiba M. Singh and Shail Jain refused to entertain...

Delhi High Court Stops Fake Job Recruitment In Akasa Air's Name, Orders Blocking Of Domains

The Delhi High Court has temporarily restrained several individuals and unknown persons from using the marks “AKASA,” “AKASA AIR,” and related trademarks to run alleged fake recruitment activities linked to Akasa Air, after finding a prima facie case of impersonation.Justice Manmeet Pritam Singh Arora passed the interim order on December 22, 2025, while hearing a trademark infringement suit filed by SNV Aviation Private Limited, the operator of Akasa Air. The ourt also directed the suspension of...

Bombay High Court Refers To Larger Bench Question On Applicability Of RDB Act To Recovery Proceedings By State Co-operative Banks

The Bombay High Court has referred for consideration by a larger Bench the question of whether recovery proceedings initiated by State Co-operative Banks are governed by the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (RDB Act), and whether the jurisdiction of Co-operative Courts under Section 91 of the Maharashtra Co-operative Societies Act, 1960 stands excluded in view of Sections 17, 18 and 34 of the RDB Act.Justice Amit Borkar was hearing a review petition arising out...

Jammu & Kashmir And Ladakh High Court Weekly Roundup December 22 - December 28, 2025

Nominal Index:Oasis Girls School Vs XXX 2025 LiveLaw (JKL) 332Basharat Ahmad Bhat Vs UT Of J&K 2025 LiveLaw (JKL) 333Abdul Gani Ganai Vs Habibullah Ganai 2025 LiveLaw (JKL) 334Dharmarth Trust J&K Vs Industrial Tribunal & Anr 2025 LiveLaw (JKL) 335Irfan Yousuf Vs IIT Jammu, Nagrota Campus & Ors 2025 LiveLaw (JKL) 336Residents of Seenthakran, Tehsil & District Udhampur Vs UT...

BNSS Procedures Mandatory For GST Arrests Despite Revenue Nature Of Investigation: Gauhati High Court

The Gauhati High Court held that even though GST investigations are revenue in nature, arrests made by GST officers must strictly comply with the mandatory procedural safeguards prescribed under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). Justice Pranjal Das opined that even with regard to arrest by revenue authorities under GST, the procedural compliance...

Orissa High Court Orders Change Of Gender In Mutation Certificate After Woman Undergoes Sex Reassignment Surgery

The Orissa High Court has recently ordered the General Administration Department of the State Government to change the name and gender of a woman in the property mutation certificate after she changed her gender from female to male by undergoing Sex Reassignment Surgery (SRS).Giving relief to the petitioner, the Bench of Justice Ananda Chandra Behera held –“Here, in this matter at hand,...

Income Tax Act | Centralisation Of Assessment U/S 127 Permissible Where Cases Are Inter-Linked: P&H High Court

The Punjab and Haryana High Court held that the transfer of assessment jurisdiction under Section 127 of the Income Tax Act is valid where cases are inter-linked, and centralisation is required for effective investigation and public interest. Section 127 of the Income Tax Act, 1961, grants the power to senior tax authorities to transfer a taxpayer's case from one Assessing Officer...

[MMDR Act] Formation Of District Mineral Foundation Is Beneficial Legislation, Must Be Construed Liberally: Allahabad High Court

The Allahabad High Court has held that formation of District Mineral Foundations vide Section 9-B of the Mines and Minerals (Development and Regulation) Act, 1957 (MMDR Act) is a beneficial legislation and must be construed liberally for those who are affected negatively by mining operations.The bench of Justice Saral Srivastava and Justice Amitabh Kumar Rai held“The object behind creating DMF can be discerned from Rule 3 of Rules, 2017 that it is a benevolent provision inserted with an object...